Boston Injury Lawyer Blog

May 31, 2014

“Nap Nanny” Infant Recliner Recalled After Infant Death

According to the United States Consumer Product Safety Commission, the “Nap Nanny” infant recliner has been recalled by Baby Matters LLC, after a sixth infant died while strapped into the seat.

Since last year, the company had recalled more than 165,000 baby recliners after five infants were killed, and dozens more were injured by the product. The company as well as the CPSC received numerous reports of children falling out of the seat or hanging over the side of the seat while still strapped in.

Baby Matters of Berwyn, Pennsylvania, said that the recall was issued as part of a settlement the company reached with the CPSC. According to the CPSC, the sixth infant death occurred in New Jersey where a 8-month-old baby girl secured by the belt was found partly hanging over the side of the seat, trapped between the product and the crib bumper. The CPSC is now urging all consumers who own the product to immediately discontinue using them.

PRODUCTS LIABILITY CLAIMS
Consumer product manufacturers, like Baby Matters, are responsible for ensuring their products are safe for consumption and use, and do not pose a risk for serious injuries to those who use them. There are millions of baby products currently on the market globally, and the reality is that a substantial number of these baby products may pose a threat to the health and wellbeing of children who come in contact with them.
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May 31, 2014

Warm Weather Reminds MA Residents to Be Safe Around the Water this Summer

by Altman & Altman

As the weather heats up, we’d like to send out a friendly reminder to play it safe this summer, especially around pools.

While swimming pools can be a fun way to cool off during bouts of warm weather, there are serious hazards to being around a pool that put people at risk for injury and even death.

An estimated 10 people die every day from unintentional drowning, according to the U.S. Center for Disease Control. Of these drownings, 2 are children aged 14 or younger. Currently in the United States, drowning ranks as fifth among the leading causes of unintentional injury death.

In a breakdown of the topic, accessed from the CDC, there were an average of 3,533 fatal unintentional drownings (non-boating related) between 2005-2009 annually in the United States. The report also found that an additional 347 people died each year from drowning in boating-related incidents. About 20% of drowning victims are children aged 14 and younger, and for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries (according to CDC website). In addition, more than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care, because often, these nonfatal drowning injuries cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning.

Those at risk include:

• Males: Account for 80% of drowning victims.
• Children: Children between the ages of 1 and 4 are at the greatest risk of drowning. According to the CDC, in 2009, among children 1 to 4 years old who died from an unintentional injury, more than 30% died from drownings. The majority of these drownings occurred in home swimming pools. According to the CDC, drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes.
• Minorities: Between 2005 and 2009, the fatal unintentional drowning rate for African Americans was significantly higher than that of whites across all ages.
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May 30, 2014

Ford Recalls 1.3 Million Vehicles

by Altman & Altman

Yesterday, Ford issued its largest ever vehicle recall for more than 1.3 million SUVs and cars in North America to fix steering, rust, and floor mat problems.

ABOUT THE RECALL
In total, the company is recalling more than 1 million vehicles nationwide. Models impacted include Ford Escape, Mercury Mariner and Ford Explorer SUVs, as well as Ford Taurus, Ford Fusion, Mercury Milan, Lincoln Zephyrs, and Lincoln MKZ sedans.

Over 915,000 Ford Escapes and Mercury Mariners (Ford’s smaller SUVs) are being recalled for a problem with the vehicles’ torque sensor within the steering column. The company is warning customers that the problem could potentially cause loss of power-assisted steering, which would make the SUVs more difficult to control and thus increase the risk of a serious crash. This recall impacts model year 2008 through 2011; vehicles which were built between August 2006 and September 2010. The automaker has recommended one of three fixes for the problems including replacing the sensor, updating vehicle software, or replacing the steering column.

196,000 Ford Explorers in the model years 2011 – 2013 have also been recalled. The company cited an electrical problem in a steering gear as the issue and stated there was a possibility of losing power steering. Dealers have been asked by the company to either update software or replace vehicles’ steering column.

Other recalls issued by the company impact Taurus sedans, which Ford said face the risk of catching on fire because there is a potential for rust to develop (because of road salt used to clear roadways of snow and ice), around the license plate area and cause a short circuit. Vehicles were recalled in 20 U.S. states.

Lastly, an estimated 82,500 Ford Fusions, Mercury Milans, Lincoln Zephyrs and Lincoln MKZs from the model years 2006 through 2011 were recalled for issues with their floor mats. According to the company, floor mats in some of the vehicles have the potential of coming into contact with the gas pedal if not properly installed. The company has requested that dealerships replace the vehicles’ car mats with new ones.
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May 28, 2014

Home Health Company Settles Medicare Fraud Case Brought by Whistleblower for $150 Million

by Altman & Altman

Amedisys, a home heath company that operates in over three dozen states, has agreed to pay $150 million to resolve Medicare Fraud claims brought by a former employee. According to a whistleblower lawsuit, between 2008 and 2010, a number of the company’s offices improperly billed Medicare.

April Brown, a nurse, said Amedisys violated the False Claims Act when it turned in false home healthcare billings to Medicare. She says that the company asked her to bill for services that were not necessary or were never actually provided. She also worked with patients who weren’t actually homebound. Brown and other nurses were purportedly pressured into providing care that benefited the home health care’s financial needs instead of the health needs of patients.

Brown contends that when she questioned what was going on, she was let go from her job. She then became the first person to file a qui tam case against Amedisys. Several other individuals followed and their respective cases were consolidated in federal court.

May 22, 2014

Driver Was Holding Cell Phone During MBTA Bus Crash

by Altman & Altman

According to an affidavit from the MBTA police, the 42-year-old bus operator who drove through a guardrail was holding a cell phone when the accident happened. Eight people sustained non-life threatening injuries in the Newton, MA bus crash on Sunday that left a bus to partially hang off a bridge over the Massachusetts Turnpike.

The bus operator, Mattapan resident Shanna Shaw, is charged with speeding, operating to endanger, impeded operation, and obstruction of justice. She initially told an investigator that she shut her eyes while driving because she’d sneezed. However, a closer look at surveillance footage showed that Shaw was holding something in her left hand at the time. Shaw later admitted it was an iPhone.

MBTA bus operators are not allowed to have a phone with them while on duty. Instant termination is the penalty for using a phone while driving at work.

May 21, 2014

General Motors Recalls 2.8 Million More Vehicles

by Altman & Altman

Raising the number of vehicles it has recalled this year so far to nearly 15.4 million autos, General Motors Co. announced this week that it is recalling another 2.8 million cars globally. This latest round involves possibly faulty air bags, seat belts, transmissions, and fire hazards. Most of the autos impacted are in the United States.

The actions affect: 1,402 Escalade ESVs and Cadillac Escalades (2015 models), which have been linked to improperly attached airbags; 284,913 Chevrolet and Optra autos (2004-2008 models) because their daytime running lights may overheat, potentially causing a fire; 1,339,355 Buick Enclaves, GMC Acadias, and Chevrolet Traverses (2009-2014 models) and the Saturn Outlook (2000-2010 models) over a weak seatbelt design; 58 GMC Sierra HDs and Chevrolet Silverado HDs (2005 model) due to a fire hazard; and 1,075,102 Pontiac G6, Malibu Maxxes, and Chevy Malibus (2004-2008 models) over a transmission issue. With that problem, drivers may not be able to change gears, put the the car in park mode, or take the key out of the ignition. Already, this has resulted in at least 18 car accidents and one injury.

GM to Pay $35M NHTSA Fine

May 19, 2014

Woman Falls Down Elevator Shaft at Fenway

by Altman & Altman

A 22-year old woman was injured late Friday night when she fell two stories down an elevator shaft at Fenway Park.

The victim was with a group of people when she fell from the fourth floor and landed on top of the elevator car, which had stopped on the second floor. According to investigators, authorities received a call reporting the fall just after 11 p.m. when the Red Sox game had ended. The fall reportedly knocked the victim, Lizzy Scotland, unconscious and she was not responsive when firefighters arrived at the scene. Scotland was taken to Beth Israel Deaconess with serious injuries.

Investigators are still trying to determine how the woman was able to get through the doors.

“We don’t know if both doors opened, or one door opened, or if the bottom of the door gave way and she fell through that spot. We’re looking at all the equipment,” Boston Fire Department Spokesperson Steve MacDonald said in a statement.

The Red Sox organization, in a statement released on Saturday afternoon, acknowledged that the woman suffered “serious injuries,” and said team personnel had worked alongside first responders Friday to help her. A Red Sox spokeswoman also said that the remaining elevators in the park were inspected before Saturday night’s game as a precaution. The incident is not considered to have criminal intent, and is currently deemed as an accident.
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May 16, 2014

Bounce House Flies Twenty Feet, Injures Three Children

by Altman & Altman

Two boys, ages 6 and 5, and a girl, age 10, sustained fall accident injuries this week when an inflatable bounce house became detached from its plastic anchor stakes and went soaring into the air. The girl fell out soon after the Little Tikes playhouse lifted off the ground, sustaining minor injuries. The boys did not tumble out until the 38-pound toy had reached a height of about fifteen feet.

One boy, who landed on a parked car before striking his head on the pavement, is still in a medically induced coma. The younger boy, sustained broken arms, a broken jaw, and other injuries.

This is not the only inflatable house to go soaring. In 2011, reports USA Today, four kids were hurt when a bounce house was carried away by the wind and landed on a roof. Also that year, a bounce house transported its child occupants across three traffic lanes.

May 16, 2014

Unlicensed Driver Collides with 3 Brockton Schoolchildren

by Altman & Altman

It was a chaotic scene Thursday morning when a driver slammed into three young children waiting to board a school bus on Warren Avenue in Brockton, MA. The accident happened around 8:00 Thursday morning as the children were on their way to Brookfield Elementary School. Authorities say 38-year-old Yainira Boria of Brockton failed to stop for the school bus and drove right into three young students. Witnesses saw her get out of the car, ask if the kids were okay and then speed off.

The Boston Globe reports “A school bus was approaching to pick them up so the kids ran across the street,” said Lieutenant Robert Sergio. “A car in the opposite direction hit them and took off.”

The father of one of the injured children told CBS Boston that the woman told him she did not possess a driver’s license before leaving the scene. According to CBS Boston, all three children sustained non-life threatening injuries and were treated and released from Brockton Hospital. Two of the victims, Andreia Fernandes, 8, and Larry DaSilva, 6, are neighbors and recovering at home from their injuries.
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May 14, 2014

With Prom and Graduation Season in Full Force, We’re Sending A Reminder to Parents to Host Parties Responsibly

by Altman & Altman

With the school year wrapping up and prom season still in full force, we would like to remind all parents who are hosting get-togethers for both underage and of-age guests to be aware of the law and host gatherings responsibility.

Whether you’re hosting an after-prom party, graduation party, barbeque, or any kind of social get-together where alcohol is being served, you, as the host, bare a huge responsibility for your guests and their safety. Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

Massachusetts Social Host Liability Law

According to Massachusetts’ law a social host is considered anyone who provides alcohol to a guest as an act of hospitality without exchanging money. Additionally, a social host is considered someone who also allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

Under Massachusetts Social Host Liability Law, a social host assumes liability for all injuries sustained by the guest or caused by the guest who was served alcohol. Injuries most often result from [the most common type of] accident: drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.
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